How to Get a Divorce Within 2 Years of Marriage in Malaysia

How to Get a Divorce Within 2 Years of Marriage in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Getting a divorce is never easy, but it can be especially difficult if you are married for less than two years as a non-Muslims. In Malaysia, there is a general rule that you cannot seek divorce within two years of the date of your marriage. However, there are exceptions to this rule, and you may be able to get a divorce within two years if you can prove that there were exceptional circumstances or hardship suffered in the course of the marriage.

What is considered “exceptional circumstances or hardship”?

The law does not define what constitutes “exceptional circumstances or hardship”. However, the courts have interpreted this to mean circumstances that are so serious that they make it impossible for the marriage to continue. Some examples of exceptional circumstances or hardship that may be considered grounds for divorce within two years include:

  • Domestic violence;
  • Physical or mental abuse;
  • Adultery;
  • Desertion; and others.

It is important to note that the courts will also consider the interests of any child born into the marriage when deciding whether to grant a divorce within two years. If there are young children involved, the courts will be reluctant to grant a divorce unless they are satisfied that the divorce is in the best interests of the children.

How to file for divorce within two years of marriage

1. If you believe that you have grounds for divorce within two years of marriage, you will need to be represented by a lawyer, and you will need to provide the court with evidence of the exceptional circumstances or hardship that you have suffered.

2. The court will then consider your application based on the ground submitted. If the application is allowed, then you may only file your divorce petition subsequently.

What happens if my spouse does not agree to the divorce?

If your spouse does not agree to the divorce, you will need to file a contested divorce petition. This means that you will need to go to court and your divorce lawyer will argue your case in the court. The court will then decide whether to grant you a divorce.

It is important to note that it is more difficult to get a divorce if your spouse does not agree to it.  However, if you can prove that the marriage has irretrievably broken down, the judge may grant you a divorce.

Getting a divorce within two years of marriage can be a difficult and emotional process. However, if you have grounds for divorce and you are determined to end your marriage, you should be able to get a divorce within two years. It is important to seek legal advice from a qualified divorce lawyer who can help you with the divorce process and ensure that your rights are protected.

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